Download Case Digest PDF

TitleCase Digest
TagsLawyer Practice Of Law Bar Association Disbarment Lawsuit
File Size645.2 KB
Total Pages11
Document Text Contents
Page 10

HOPE JARAVATA RELAYSON
LEGAL ETHICS





Page 10 of 11










CASE DIGEST #9:


A. M. No. 139; March 28, 1983
RE: ELMO S. ABAD, 1978 Successful Bar Examinee. ATTY. PROCOPIO S. BELTRAN, JR., President of the

Philippine Trial Lawyers Association, Inc., complainant, vs. ELMO S. ABAD, respondent.



FACTS OF THE CASE:

In this case, Mr. Abad has been charged by Atty. Beltran, Jr., president of the Philippine Trial
Lawyers Association, Inc., for practicing law without having been previously admitted to the Philippine
Bar. As Mr. Abad told the Court, he was not able to take the oath and sign the roll of attorneys on the
scheduled date because of a case, in which he was counsel. He prioritized the case over the oath taking,
and presumed that because he paid the fees and the subsequent membership dues, he was already
admitted to the Bar.



ISSUE:

WHETHER OR NOT MR. ABAD COMMITTED CONTEMPT WHEN HE PURSUED THE PRACTICE OF
LAW DESPITE HIS FAILURE TO TAKE THE OATH AND SIGN THE ROLL OF ATTORNEYS.



HELD:

The Respondent was held in contempt of court and fined Five Hundred (P500.00) pesos
payable to this Court within ten (10) days from notice failing which he shall serve twenty-five (25)
days imprisonment.

Respondent Abad should know that the circumstances which he has narrated do not constitute
his admission to the Philippine Bar and the right to practise law thereafter. He should know that two
essential requisites for becoming a lawyer still had to be performed, namely: his lawyer's oath to be
administered by this Court and his signature in the Roll of Attorneys. (Rule 138, Secs. 17 and 19, Rules of
Court.)

Similer Documents